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Traumatic Brain Injury (TBI) Lawyer in Queens — Ahearne Law Firm PLLC

Queens TBI Guidance

Complete Guide to Traumatic Brain Injury Claims

Traumatic brain injuries can change lives in an instant, and pursuing a personal injury claim in Queens requires careful documentation and a thorough understanding of both medical and legal issues. This guide explains what a traumatic brain injury is, how it is proven in a claim, and what steps injured people and their families should take after an accident. Ahearne Law Firm PLLC and attorney Allan J. Ahearne, Jr. serve clients across Queens and the Hudson Valley, helping people secure fair compensation for medical care, lost wages, and long-term needs. If you or a loved one has suffered a head injury, prompt action and careful record-keeping are important to protect your rights.

The aftermath of a traumatic brain injury often involves medical appointments, imaging studies, therapy, and questions about long-term recovery. Understanding legal options early can protect access to benefits and fair compensation. This page outlines common causes of TBI in Queens, the types of damages that may be available, and practical steps to preserve evidence and document injury-related losses. Ahearne Law Firm PLLC is locally based and available to discuss case circumstances, medical timelines, and potential legal strategies. Contacting the firm promptly helps preserve critical records, meet filing deadlines in New York, and begin an investigation into liability and damages.

How Legal Assistance Helps TBI Claimants

Legal assistance can help coordinate medical documentation, arrange for evaluations that demonstrate the scope of injury, and pursue compensation for both immediate and long-term needs. An attorney can handle communications with insurers and other parties so the injured person can focus on recovery while evidence is preserved and deadlines are met. For traumatic brain injuries, establishing the link between the incident and the injury often requires careful medical records, imaging results, and testimony from treating providers. A lawyer also helps quantify non-economic losses such as pain, diminished quality of life, and changes in family roles, ensuring a comprehensive view of damages is presented to insurers or a court.

Ahearne Law Firm PLLC and Allan J. Ahearne, Jr.

Ahearne Law Firm PLLC serves clients throughout Queens, the Hudson Valley, and New York with a focus on personal injury matters including traumatic brain injury claims. Allan J. Ahearne, Jr. brings years of litigation and negotiation experience handling complex injury cases, working to develop medical narratives and gather the documentation necessary to present a compelling claim. The firm emphasizes clear communication with clients, personalized case planning, and persistent advocacy with insurers and opposing parties. Clients can expect careful case preparation, practical guidance through the claims process, and efforts to resolve matters favorably whether through negotiated settlement or litigation when necessary.

Understanding Traumatic Brain Injury Claims

A traumatic brain injury claim requires proving that an incident caused harm and that a responsible party owed a duty and breached it, resulting in injury. Medical evidence such as CT scans, MRI reports, emergency room records, and ongoing treatment notes plays a central role in establishing the nature and severity of a brain injury. Treating physicians, therapists, and neuropsychological evaluations help document cognitive, emotional, and physical impairments that can follow a TBI. Properly preserving and organizing medical records, incident reports, and witness statements is essential to connect the event to the injury and to quantify the resulting losses.

The claims process typically includes an initial investigation, document collection, demand to insurers, and negotiations, with litigation as a possible next step. New York law generally imposes time limits for filing personal injury claims, so early action matters. Insurance companies review medical records and may request independent medical examinations or additional records, so transparency and consistent documentation are important. In many TBI cases, ongoing care and future needs must be projected and supported by medical opinions and vocational assessments to ensure compensation reflects the long-term impact on income, daily living, and quality of life.

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Key Terms and Glossary for TBI Cases

Traumatic Brain Injury (TBI)

A traumatic brain injury is an injury to the brain caused by an external force such as a blow, jolt, or penetration that disrupts normal brain function. TBIs range from mild concussions to severe injuries that cause long-term impairment. Symptoms can include headache, confusion, memory problems, changes in mood, balance difficulties, and cognitive decline. Diagnosis often relies on clinical evaluation, imaging studies like CT or MRI scans, and neuropsychological testing. In the context of a legal claim, documentation of symptoms, treatment, and changes in daily functioning is necessary to demonstrate the injury’s effect on a person’s life and to support a claim for damages.

Negligence

Negligence refers to a failure to exercise reasonable care that results in harm to another person. To prevail in a negligence-based TBI claim, a plaintiff must show that a defendant owed a duty of care, the defendant breached that duty, the breach caused the injury, and damages resulted. Examples include a driver failing to follow traffic laws, a property owner neglecting hazardous conditions, or an employer failing to address unsafe workplace conditions. Proving negligence often relies on accident reports, witness accounts, safety records, and expert medical and technical observations that link the incident to the brain injury and its consequences.

Concussion

A concussion is a type of mild traumatic brain injury caused by a blow or jolt to the head or body that transmits force to the brain. Symptoms can be immediate or delayed and may include headache, dizziness, confusion, memory issues, sensitivity to light or noise, and emotional changes. Though often described as ‘mild’ in medical terms, concussions can have significant short-term effects and may lead to longer-term difficulties if not properly managed. For legal purposes, medical documentation showing the onset of symptoms after the incident and follow-up care is important to establish the relationship between the event and the injury.

Compensation

Compensation in a personal injury context refers to monetary awards intended to make an injured person whole to the extent possible. Economic damages cover measurable losses such as past and future medical expenses, lost wages, and costs for rehabilitation and assistive devices. Non-economic damages account for less tangible losses such as pain and suffering, emotional distress, and loss of enjoyment of life. In severe TBI cases, compensation may also include projected long-term care, home modifications, and ongoing therapy. Calculating compensation requires careful documentation of past costs and reliable projections of future needs and losses.

PRO TIPS

Document All Medical Care

Keep a detailed record of every medical visit, diagnostic test, prescription, and therapy session following a head injury. These records form the backbone of a TBI claim by demonstrating the course of treatment and the ongoing nature of symptoms that may affect daily life and work. Maintain copies of discharge notes, imaging reports, physical therapy progress notes, and medication lists, and make a timeline of symptoms and appointments to help clinicians and legal representatives accurately assess the relationship between the incident and the injury.

Seek Immediate Medical Attention

If you suspect a brain injury, seek medical care promptly even if symptoms seem mild at first, because some effects can be delayed. Early evaluation documents the initial condition and creates medical records that link the injury to the incident, which is important for insurance claims and legal proceedings. Follow up on recommended testing, therapy, and specialist referrals to build a comprehensive record of treatment, recovery, and any ongoing deficits that may warrant further care or compensation.

Preserve Evidence and Witnesses

Collect and preserve evidence related to the incident, such as photos of the scene, vehicle damage, safety equipment, and contact information for witnesses. Report the incident to the appropriate authorities and keep copies of accident reports and workplace incident logs. Witness statements and contemporaneous documentation can corroborate the circumstances of the event and support claims regarding how the injury occurred and who may be responsible for resulting losses.

Comparing Legal Approaches for TBI Claims

When a Broad Legal Response Is Appropriate:

Multiple Injuries and Long-Term Care

A comprehensive approach is often necessary when a traumatic brain injury is accompanied by other serious injuries or when long-term medical care and rehabilitation are likely. Cases involving complex medical needs require careful coordination among treating providers, vocational evaluators, and financial planners to estimate future care and losses. A full evaluation helps ensure that compensation addresses long-term medical costs, assistive services, and changes in earning capacity rather than focusing solely on immediate bills.

Complex Liability and Multiple Defendants

When liability is unclear or multiple parties may share responsibility, a broad legal investigation is needed to identify all potential defendants and sources of recovery. This often involves reviewing surveillance, safety records, and maintenance logs, as well as securing statements from witnesses and professionals who can explain how the incident occurred. A thorough approach helps protect a claimant’s right to pursue all available avenues for compensation and prevents premature settlement that might overlook significant losses or responsible parties.

When a Focused Approach Works:

Minor, Well-Documented Injuries

A limited legal approach may be appropriate when the injury is minor, medical treatment is brief, and liability is clear, allowing for a straightforward claim to an insurer. In such situations, a focused negotiation based on concise medical documentation and clear evidence of fault can lead to timely resolution without extensive investigation. Nevertheless, even apparently minor head injuries deserve careful documentation, because symptoms can evolve and early records are key to a successful claim.

Clear Liability and Short-Term Care

A focused approach can work when a single responsible party is identified and the medical prognosis indicates recovery within a short period. In those cases, presenting complete medical bills, wage loss documentation, and a concise statement of non-economic impacts may yield a fair settlement. Even in clear liability cases, careful assessment of future needs is important to ensure compensation addresses any lingering effects that could emerge after initial recovery.

Common Situations Leading to TBI Claims

Motor Vehicle Collisions

Motor vehicle collisions are a common cause of traumatic brain injuries when occupants strike their heads against interior surfaces or experience rapid acceleration-deceleration forces. These incidents can result in concussions, contusions, or more severe brain trauma, and thorough medical evaluation is important even if symptoms are initially subtle to document the connection between the crash and the injury.

Slip and Fall Accidents

Slip and fall accidents on public or private property can cause a person to hit their head and sustain a brain injury, particularly when surfaces are wet, uneven, or poorly maintained. Preserving photographs of hazards, witness information, and incident reports is crucial to show the conditions that led to the fall and support a claim for injuries and associated losses.

Workplace Injuries

Workplace incidents, including falls from heights, struck-by events, or equipment accidents, can cause traumatic brain injuries that affect the ability to return to work. While workers’ compensation covers many on-the-job injuries, there may be circumstances where third-party claims are appropriate, and documenting the event and medical treatment is essential for pursuing all available recovery options.

Queens Traumatic Brain Injury Attorney

Why Choose Ahearne Law Firm for TBI Claims

Ahearne Law Firm PLLC brings focused personal injury representation to residents of Queens and the surrounding region, offering guidance through complex medical and legal processes after a traumatic brain injury. Allan J. Ahearne, Jr. is available to review case facts, help organize medical documentation, and explain potential recovery paths including medical cost reimbursement and compensation for lost earnings. The firm emphasizes timely communication, careful evidence preservation, and strategic planning tailored to each client’s medical outlook and life impact, helping to protect rights under New York law.

Clients can expect a measured approach that prioritizes thorough investigation and realistic assessment of damages while maintaining frequent updates and practical advice. The firm works with treating providers and consultants to assemble a clear picture of treatment needs and future care, and pursues negotiations with insurers or litigation as necessary to seek fair outcomes. For those balancing recovery and family responsibilities, the firm aims to manage legal complexities so clients can focus on healing and daily needs.

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FAQS

What is a traumatic brain injury and how is it diagnosed?

A traumatic brain injury occurs when an external force causes the brain to move or be penetrated, disrupting normal brain function. Diagnosis usually begins with an emergency evaluation that may include neurological testing, imaging such as CT scans or MRI, and assessments of cognitive and physical symptoms by treating clinicians. Symptoms can vary widely, from headaches and dizziness to memory problems, mood changes, and difficulties with concentration. Medical documentation generated at the time of injury and during follow-up care forms the foundation for establishing both the diagnosis and the ongoing impacts of a TBI. Diagnostic work for a TBI often continues with follow-up examinations, neuropsychological testing, and therapy notes that record progress and persistent deficits. These records help medical providers and those reviewing a legal claim understand the severity and trajectory of recovery. For legal purposes, consistent, contemporaneous medical records are especially important because they show the onset of symptoms, the course of treatment, and any long-term functional limitations that may justify compensation for medical care and diminished quality of life.

How can I prove that an accident caused my TBI?

Proving that an accident caused a TBI depends on medical records, incident documentation, and corroborating evidence that links the event to the injury. Emergency room notes, imaging results, and follow-up treatment records showing the onset of symptoms after the incident are central to establishing causation. Witness statements, photographs of the scene or vehicle damage, and accident reports also help demonstrate how the injury occurred and why the responsible party should be held accountable. Additional evidence may include testimony from treating doctors, therapists, and counselors about the patient’s condition and prognosis, as well as functional assessments that document cognitive or physical limitations. Independent evaluations and vocational assessments can be used to quantify impairments and future needs. Together, these materials build a factual and medical record that ties the traumatic event to the brain injury and supports claims for economic and non-economic damages.

What types of compensation are available for TBI victims in Queens?

Compensation in a TBI case can include economic damages such as past and future medical expenses, costs for therapy and rehabilitation, lost wages, and reduced future earning capacity. When brain injuries require ongoing care or adaptive equipment, claims may seek reimbursement for those projected expenses as well. Detailed medical records, bills, and projections from treating providers support claims for these quantifiable losses. Non-economic damages may include compensation for pain and suffering, emotional distress, loss of enjoyment of life, and the broader impact on relationships and daily activities. In severe cases, awards may also address the long-term need for personal care and supervision. Calculating these damages requires a careful presentation of how the injury changed the claimant’s life and the expenses and limitations that will continue into the future.

How long do I have to file a TBI lawsuit in New York?

In New York, the general statute of limitations for personal injury claims is three years from the date of the injury, which typically applies to traumatic brain injury cases. There are important exceptions and variations depending on the circumstances, such as claims against government entities that may have shorter notice requirements, or circumstances where the injury was not immediately discoverable and the discovery rule might apply to extend the filing period. Because deadlines are strict and the consequences of missing them can be severe, it is important to begin preserving records and seeking legal guidance as soon as possible after an incident. Early review helps identify applicable deadlines, preserve evidence, and plan investigations in time to meet statutory requirements and protect recovery options.

Should I accept the insurance company’s first settlement offer?

Insurance companies often present early settlement offers that reflect the immediate, documented losses but may not fully account for future medical needs, rehabilitation, or non-economic damages associated with a brain injury. Accepting an early offer without full documentation of long-term impacts can leave claimants responsible for future costs and limit recovery for ongoing impairments. It is important to carefully evaluate any offer in light of medical opinions, treatment plans, and the potential for lasting effects on work and daily life. Before accepting a settlement, ensure that all current and reasonably anticipated future expenses are considered and that the full effect of the injury on income and quality of life has been assessed. Review the terms of an offer, including whether it requires signing a broad release, and seek professional guidance to determine whether the proposed amount fairly compensates for both present and future losses.

Will my TBI case go to trial or can it be settled?

Many TBI cases are resolved through negotiation and settlement, particularly when liability is clear and medical damages are well documented. Settlements can provide a timely resolution and avoid the uncertainties of trial, while allowing claimants to move forward with treatment and support. Effective negotiation relies on thorough documentation of medical care, clear evidence of liability, and realistic valuation of damages, including projected future needs. However, some cases proceed to trial when insurers refuse fair offers, liability is disputed, or the true extent of the injury and its consequences requires formal adjudication. Whether a case goes to trial depends on the strength of evidence, willingness of parties to compromise, and the claimant’s goals. Preparing a case for trial when necessary can strengthen negotiating positions and help secure more meaningful settlements when appropriate.

What steps should I take immediately after suffering a head injury?

If you sustain a head injury, seek medical attention promptly to document the injury and to begin any necessary treatment. Even if symptoms seem mild at first, they can progress or become clearer with time; prompt clinical evaluation establishes a record linking the incident to the injury and supports later claims. Keep detailed notes of symptoms, medications, appointments, and how the injury affects daily activities, sleep, mood, and work performance. Also preserve evidence from the scene such as photos, damaged items, and clothing, and record contact information for witnesses. Report the incident to the relevant authorities, such as police or a property manager, and obtain copies of any official reports. Early documentation and evidence preservation are essential for both medical care and any future claim for compensation.

Can I sue my employer if I suffered a TBI at work?

Workplace TBIs are often handled through the workers’ compensation system, which provides benefits for medical care and wage replacement without the need to prove fault against the employer. Workers’ compensation is typically the primary remedy for on-the-job injuries, but in certain circumstances a third-party claim may be available if another party outside the employer contributed to the injury, such as a contractor, equipment manufacturer, or property owner. Determining the best path requires review of the incident details, employer reporting, and potential third-party liability. Documentation of medical treatment, incident reports, and witness statements helps clarify whether additional recovery beyond workers’ compensation is available. Early consultation can help identify all possible avenues for compensation and ensure proper notice and filing under applicable rules.

How are future medical and care needs calculated in a TBI claim?

Future medical and care needs in a TBI claim are estimated using medical records, treatment plans, and input from treating clinicians who outline projected therapies, assistive services, and long-term supports that may be required. Vocational assessments and life-care planning analyses can help project future costs related to therapy, personal care, home modifications, and loss of earning capacity due to cognitive or physical limitations. Reliable documentation and reasoned projections help translate future needs into monetary terms for a claim. Economic calculation of future costs typically involves projecting medical expenses over time and discounting them to present value, taking into account life expectancy and anticipated inflation in medical costs. Clear, contemporaneous records and professional assessments strengthen these projections and support a fair valuation of future damages in settlement negotiations or before a court.

What will it cost to pursue a TBI claim with your firm?

Many personal injury law firms handle TBI claims on a contingency fee basis, which means the firm’s fee is a percentage of any recovery, and clients are not billed for attorney time if there is no recovery. Clients should ask about fee percentages, how costs such as expert reports or deposition transcripts are handled, and whether those costs are advanced by the firm and repaid from recovery. Clear communication about fees and costs helps ensure clients understand the financial arrangements before proceeding. Other case-related expenses can include fees for medical records, subpoenas, independent evaluations, and court filing costs. Some firms discuss payment schedules or advances for critical services when needed. It is important to obtain a written fee agreement that explains both the fee structure and how case expenses will be managed so clients can make informed decisions about pursuing a claim.

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